2013 -- S 0501 AS AMENDED

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LC01496

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT

     Introduced By: Senators Felag, Lynch, Pichardo, Ciccone, and Picard

     Date Introduced: February 28, 2013

     Referred To: Senate Special Legislation and Veterans Affairs

(National Guard)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 30-15 of the General Laws entitled "Emergency Management" is

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hereby amended by adding thereto the following section:

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     30-15-44. International emergency management assistance compact. -- The

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International Emergency Management Assistance Compact is hereby entered into and enacted

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into law with any and all of the states legally joining therein in the form substantially as follows:

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     Article I Purpose and Authorities - The International Emergency Management Assistance

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Memorandum of Understanding, hereinafter referred to as the "compact," is made and entered

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into by and among such of the jurisdictions as shall enact or adopt this compact, hereinafter

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referred to as "party jurisdictions." For the purposes of this agreement, the term "jurisdictions"

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may include any or all of the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode

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Island, and Connecticut and the Provinces of Québec, New Brunswick, Prince Edward Island,

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Nova Scotia and Newfoundland and Labrador, and such other states and provinces as may

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hereafter become a party to this compact.

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     The purpose of this compact is to provide for the possibility of mutual assistance among

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the jurisdictions entering into this compact in managing any emergency or disaster when the

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affected jurisdiction or jurisdictions ask for assistance, whether arising from natural disaster,

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technological hazard, man-made disaster or civil emergency aspects of resource shortages.

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     This compact also provides for the process of planning mechanisms among the agencies

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responsible and for mutual cooperation, including, if need be, emergency-related exercises,

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testing, or other training activities using equipment and personnel simulating performance of any

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aspect of the giving and receiving of aid by party jurisdictions or subdivisions of party

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jurisdictions during emergencies, with such actions occurring outside actual declared emergency

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periods. Mutual assistance in this compact may include the use of emergency forces by mutual

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agreement among party jurisdictions.

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     Article II General Implementation - Each party jurisdiction entering into this compact

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recognizes that many emergencies may exceed the capabilities of a party jurisdiction and that

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intergovernmental cooperation is essential in such circumstances. Each jurisdiction further

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recognizes that there will be emergencies that may require immediate access and present

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procedures to apply outside resources to make a prompt and effective response to such an

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emergency because few, if any, individual jurisdictions have all the resources they need in all

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types of emergencies or the capability of delivering resources to areas where emergencies exist.

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     The prompt, full and effective utilization of resources of the participating jurisdictions,

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including any resources on hand or available from any other source that are essential to the safety,

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care and welfare of the people in the event of any emergency or disaster, shall be the underlying

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principle on which all articles of this compact are understood.

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     On behalf of the party jurisdictions participating in the compact, the legally designated

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official who is assigned responsibility for emergency management is responsible for formulation

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of the appropriate inter-jurisdictional mutual aid plans and procedures necessary to implement

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this compact, and for recommendations to the jurisdiction concerned with respect to the

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amendment of any statutes, regulations or ordinances required for that purpose.

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     Article III Party Jurisdiction Responsibilities - (a) Formulate plans and programs. It is the

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responsibility of each party jurisdiction to formulate procedural plans and programs for inter-

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jurisdictional cooperation in the performance of the responsibilities listed in this section. In

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formulating and implementing such plans and programs the party jurisdictions, to the extent

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practical, shall:

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     (1) Review individual jurisdiction hazards analyses that are available and, to the extent

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reasonably possible, determine all those potential emergencies the party jurisdictions might

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jointly suffer, whether due to natural disaster, technological hazard, man-made disaster or

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emergency aspects of resource shortages;

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     (2) Initiate a process to review party jurisdictions' individual emergency plans and

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develop a plan that will determine the mechanism for the inter-jurisdictional cooperation;

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     (3) Develop inter-jurisdictional procedures to fill any identified gaps and to resolve any

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identified inconsistencies or overlaps in existing or developed plans;

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     (4) Assist in warning communities adjacent to or crossing jurisdictional boundaries;

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     (5) Protect and ensure delivery of services, medicines, water, food, energy and fuel,

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search and rescue and critical lifeline equipment, services and resources, both human and material

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to the extent authorized by law;

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     (6) Inventory and agree upon procedures for the inter-jurisdictional loan and delivery of

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human and material resources, together with procedures for reimbursement or forgiveness; and

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      (b) Request assistance. The authorized representative of a party jurisdiction may request

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assistance of another party jurisdiction by contacting the authorized representative of that

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jurisdiction. These provisions only apply to requests for assistance made by and to authorized

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representatives. Requests may be verbal or in writing. If verbal, the request must be confirmed in

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writing within fifteen (15) days of the verbal request. Requests must provide the following

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information:

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     (1) A description of the emergency service function for which assistance is needed and of

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the mission or missions, including, but not limited to, fire services, emergency medical,

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transportation, communications, public works and engineering, building inspection, planning and

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information assistance, mass care, resource support, health and medical services and search and

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rescue;

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     (2) The amount and type of personnel, equipment, materials and supplies needed and a

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reasonable estimate of the length of time they will be needed; and

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     (3) The specific place and time for staging of the assisting party's response and a point of

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contact at the location.

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     (c) Consultation among party jurisdiction officials. There shall be frequent consultation

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among the party jurisdiction officials who have assigned emergency management responsibilities,

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such officials collectively known hereinafter as the International Emergency Management Group,

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and other appropriate representatives of the party jurisdictions with free exchange of information,

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plans and resource records relating to emergency capabilities to the extent authorized by law.

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     Article IV Limitation - Any party jurisdiction requested to render mutual aid or conduct

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exercises and training for mutual aid shall undertake to respond as soon as possible, except that it

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is understood that the jurisdiction rendering aid may withhold or recall resources to the extent

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necessary to provide reasonable protection for that jurisdiction. Each party jurisdiction shall

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afford to the personnel of the emergency forces of any party jurisdiction, while operating within

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its jurisdictional limits under the terms and conditions of this compact and under the operational

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control of an officer of the requesting party, the same powers, duties, rights, privileges and

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immunities as are afforded similar or like forces of the jurisdiction in which they are performing

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emergency services. Emergency forces continue under the command and control of their regular

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leaders, but the organizational units come under the operational control of the emergency services

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authorities of the jurisdiction receiving assistance. These conditions may be activated, as needed,

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by the jurisdiction that is to receive assistance or upon commencement of exercises or training for

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mutual aid and continue as long as the exercises or training for mutual aid are in progress, the

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emergency or disaster remains in effect or loaned resources remain in the receiving jurisdiction or

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jurisdictions, whichever is longer. The receiving jurisdiction is responsible for informing the

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assisting jurisdictions of the specific moment when services will no longer be required.

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     Article V Licenses and Permits - Whenever a person holds a license, certificate or other

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permit issued by any jurisdiction party to the compact evidencing the meeting of qualifications

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for professional, mechanical or other skills, and when such assistance is requested by the

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receiving party jurisdiction, such person is deemed to be licensed, certified or permitted by the

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jurisdiction requesting assistance to render aid involving such skill to meet an emergency or

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disaster, subject to such limitations and conditions as the requesting jurisdiction prescribes by

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executive order or otherwise.

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     Article VI Liability - Any person or entity of a party jurisdiction rendering aid in another

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jurisdiction pursuant to this compact are considered agents of the requesting jurisdiction for tort

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liability and immunity purposes. Any person or entity rendering aid in another jurisdiction

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pursuant to this compact are not liable on account of any act or omission in good faith on the part

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of such forces while so engaged or on account of the maintenance or use of any equipment or

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supplies in connection therewith. Good faith in this article does not include willful misconduct,

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gross negligence or recklessness.

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     Article VII Supplementary Agreements - Because it is probable that the pattern and detail

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of the machinery for mutual aid among two (2) or more jurisdictions may differ from that among

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the jurisdictions that are party to this compact, this compact contains elements of a broad base

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common to all jurisdictions, and nothing in this compact precludes any jurisdiction from entering

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into supplementary agreements with another jurisdiction or affects any other agreements already

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in force among jurisdictions. Supplementary agreements may include, but are not limited to,

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provisions for evacuation and reception of injured and other persons and the exchange of medical,

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fire, public utility, reconnaissance, welfare, transportation and communications personnel,

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equipment and supplies.

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     Article VIII Workers' Compensation and Death Benefits - Each party jurisdiction shall

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provide, in accordance with its own laws, for the payment of workers' compensation and death

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benefits to injured members of the emergency forces of that jurisdiction and to representatives of

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deceased members of those forces if the members sustain injuries or are killed while rendering

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aid pursuant to this compact, in the same manner and on the same terms as if the injury or death

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were sustained within their own jurisdiction.

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     Article IX Reimbursement - Any party jurisdiction rendering aid in another jurisdiction

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pursuant to this compact shall, if requested, be reimbursed by the party jurisdiction receiving such

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aid for any loss or damage to or expense incurred in the operation of any equipment and the

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provision of any service in answering a request for aid and for the costs incurred in connection

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with those requests. An aiding party jurisdiction may assume in whole or in part any such loss,

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damage, expense or other cost or may loan such equipment or donate such services to the

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receiving party jurisdiction without charge or cost. Any two or more party jurisdictions may enter

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into supplementary agreements establishing a different allocation of costs among those

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jurisdictions. Expenses under article VIII are not reimbursable under this section.

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     Article X Evacuation - Each party jurisdiction shall initiate a process to prepare and

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maintain plans to facilitate the movement of and reception of evacuees into its territory or across

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its territory, according to its capabilities and powers. The party jurisdiction from which the

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evacuees came shall assume the ultimate responsibility for the support of the evacuees, and after

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the termination of the emergency or disaster, for the repatriation of such evacuees.

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     Article XI Implementation - (a) This compact is effective upon its execution or adoption

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by any two (2) jurisdictions, and is effective as to any other jurisdiction upon its execution or

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adoption thereby: subject to approval or authorization by the U.S. Congress, if required, and

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subject to enactment of provincial or state legislation that may be required for the effectiveness of

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the Memorandum of Understanding.

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     (b) Any party jurisdiction may withdraw from this compact, but the withdrawal does not

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take effect until thirty (30) days after the governor or premier of the withdrawing jurisdiction has

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given notice in writing of such withdrawal to the governors or premiers of all other party

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jurisdictions. The action does not relieve the withdrawing jurisdiction from obligations assumed

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under this compact prior to the effective date of withdrawal.

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     (c) Duly authenticated copies of this compact in the French and English languages and of

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such supplementary agreements as may be entered into shall, at the time of their approval, be

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deposited with each of the party jurisdictions.

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     Article XII Severability - This compact is construed to effectuate the purposes stated in

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Article I. If any provision of this compact is declared unconstitutional or the applicability of the

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compact to any person or circumstances is held invalid, the validity of the remainder of this

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compact and the applicability of the compact to other persons and circumstances are not affected.

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     Article XIII Inconsistency of Language - The validity of the arrangements and

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agreements consented to in this compact shall not be affected by any insubstantial difference in

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form or language as may be adopted by the various states and provinces.

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     Article XIV Amendment - This compact may be amended by agreement of the party

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jurisdictions.

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     SECTION 2. This act shall take effect upon passage.

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LC01496

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MILITARY AFFAIRS AND DEFENSE -- EMERGENCY MANAGEMENT

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     This act would enact the International Emergency Management Assistance Compact into

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Rhode Island law.

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     This act would take effect upon passage.

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LC01496

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